Kansas lineman sues over Title IX waiver

MeanGreen61 · August 27, 2006

Title IX waiver allows time off only for women

FOXSports.com

Posted: 1 day ago

A Kansas defensive tackle is suing the NCAA after he was denied an extra season of eligibility following the birth of his daughter, according to a USA Today report.

Eric Butler, who missed the 2001 season following the birth of his daughter Angelina, began his battle in the spring. And he has also reportedly filed a civil rights lawsuit, effectively claiming the NCAA violated Title IX since its waiver which allows time off for pregnancy applies to women only.

Butler's lawyer, Tarun Mehta, reportedly told USA Today on Thursday that there is a chance Butler can be back on the field in two weeks if the United States Court of Appeals for the Tenth Circuit reverses an earlier U.S. District Court ruling that denied Butler's request for a temporary restraining order.

The newspaper says that a decision could come quickly because emergency relief was requested with the Jayhawks set to open their season on Sept. 2 vs. Northwestern St.

The NCAA's pregnancy exception says "may approve a one-year extension of the five-year period of eligibility for a female student for reasons of pregnancy."

The NCAA has reportedly said that Butler's lawsuit marks the first time that the organization has been challenged by a male student athlete.

"The pregnancy exception is explicitly written for female students whose physical condition due to pregnancy prevents their participation in intercollegiate athletics, and therefore is not applicable in this case," NCAA spokesman Erik Christianson said last week when USA Today asked about the Butler case.

As USA Today points out, the 1993 federal Family and Medical Leave Act allows men who work at companies with 50 employees or more the right to take up to 12 weeks of paternity leave.

So what does Butler think?

"I think it should be the same way as it would be in the workplace," Butler reportedly said. "It's kinda like a job, it's almost like a 40-hour week being a college athlete. They should give college athletes the same opportunities that people in the normal workplace have. I think that's the way society is moving."